Section 1812-B. Person not registered as distributor

Any person who, while
  not registered as a distributor of motor fuel pursuant to the provisions
  of article twelve-A of this chapter, imports or causes  to  be  imported
  any  motor  fuel  into the state, for use, distribution, storage or sale
  within the state, except motor fuel delivered  into  the  ordinary  fuel
  tank connected to the engine of a means of conveyance in order to propel
  it  or  in  a  small  drum or similar container, or   produces, refines,
  manufactures or compounds motor fuel within the state shall be guilty of
  a misdemeanor. If, within any  ninety  day  period,  two  thousand  nine
  hundred  gallons  or  more  of  motor  fuel are imported or caused to be
  imported into the state for use, distribution, storage  or  sale  within
  the  state  or  are produced, refined, manufactured or compounded within
  the state by any person while not registered as a distributor  of  motor
  fuel, such person shall be guilty of a class E felony. Provided further,
  that any person who has twice been convicted under this section shall be
  guilty of a class E felony for any subsequent violation of this section,
  regardless of the amount of motor fuel involved in such violation.